Ohio Residential Lease Agreement
An Ohio lease agreement creates a legally binding contract between a landlord and a tenant to rent a residential property. The agreement should outline landlord and tenant duties, rent amount and payment schedule, lease duration, and other pertinent information. Before signing the lease, both parties should review all terms and conditions.
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Ohio Lease Agreement
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Squatters Rights in Ohio & Adverse Possession Laws 2024
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Ohio Landlord-Tenant Law
- Each of the 50 states has its own landlord-tenant laws, and while these laws often have similarities, there can be significant differences between states.
- In general, landlord-tenant laws outline the rights and obligations of both parties and can heavily dictate the specific language allowed in a lease.
- Understanding Ohio’s landlord-tenant laws is crucial for landlords to create lease agreements that fully comply with Ohio’s state laws and protect their rental properties from unforeseen circumstances.
- Use TurboTenant’s Ohio rental lease agreement builder for a painless way to create your next lease.
Required Landlord Disclosures (2)
- Lead-based paint and hazards: Ohio landlords must follow federal guidelines regarding lead-based paint and hazard disclosures, which apply to all houses built before 1978. Landlords who own homes built before 1978 must include a lead-based paint and hazard disclosure form and an EPA Pamphlet.
- Name and address of property owner: All lease agreements must include the name and address of the property owner and the owner’s agent, if applicable. Even if the lease agreement is oral, the landlord must provide this information in writing to the tenant. Failure to do so will waive certain notice requirements for the tenant (5321.18).
Security Deposit Regulations
Maximum Security Deposit Amount: Ohio state law does not set a maximum security deposit amount.
Receipt of Deposit: Ohio state law does not require landlords to provide tenants with a security deposit receipt showing where the funds are kept.
Interest: Landlords must pay interest on a tenant’s security deposit after six months of tenancy if the deposit is more than fifty dollars or one month’s rent, whichever is greater. In such cases, the landlord must pay the tenant 5% annual interest on the security deposit, calculated and paid annually (5321.16A).
Deduction Tracking: Any deductions withheld from the security deposit need to be documented in an itemized list and sent by the landlord to the tenant within 30 days of termination of the lease (5321.16B).
Returning a Tenant’s Security Deposit: Security deposits must be returned in full, minus any properly documented withholdings, within 30 days of the lease termination (5321.16B).
Landlord’s Access to Property
Advance Notice: In Ohio, landlords must provide tenants 24 hours’ notice of their intent to enter the property, and entries should only occur at reasonable times (5321.04.A8).
Immediate Access: Landlords may enter a property immediately only in emergencies or if it’s impracticable to provide a tenant with advance notice (5321.04.A8).
Landlord Harassment: Ohio prohibits three situations that may be considered harassment: entries without 24-hour notice (unless an emergency or notice is impossible), legal entries done unreasonably, or repeated demands for entry that, while legal, effectively harass the tenant. In any of these three instances, the tenant may be able to sue for damages caused by the landlord’s entries, get a court order against further harassment, or terminate the lease (5321.04.B).
Rent Payment Laws
Grace Period: Ohio state law does not establish a grace period for rent payments. However, landlords can choose to include a grace period in their lease agreements. As there’s no legally mandated grace period in Ohio, landlords can send a 3-day notice to quit if rent is not paid by the due date (1923.04A).
Late Rent Fees: Ohio has no specific regulations regarding late rent fees. Landlords may establish an appropriate late rent fee schedule in their lease agreements but should ensure that fees are reasonable to avoid violating Ohio’s prohibition of “unconscionable terms” (5321.14).
Tenant’s Right to Withhold Rent: Tenants may file to deposit rent with the municipal or county court clerk if their landlord fails to remedy any violations of landlord obligations (5321.04) within 30 days of receiving written notice from the tenant. Additionally, as part of this action, tenants can apply to have their rent reduced or to have the rent used to correct the relevant violation of the landlord’s duties (5321.07.A-B).
Breach of Rental Agreement
Missed Rent Payment: Once a tenant misses a rent payment, landlords in Ohio can give the tenant a 3-day notice to quit (eviction notice). If the tenant fails to leave within those 3 days, the landlord can file an eviction lawsuit to remove the tenant (1923.04A).
Lease Violation: Any lease violations by a tenant allow a landlord to issue a 3-day notice to quit (eviction notice). Eviction notices can be served via Certified Mail, direct delivery, or posting at the residence. In Ohio, all eviction notices must include the following text: “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance” (1923.04A).
Self-Help Evictions: Ohio state law prohibits self-help evictions, such as shutting off utilities or services, changing locks, or threatening a tenant (5321.15).
Lease Abandonment: Ohio state law does not clearly define the procedure for lease abandonment, but landlords may be able to recover damages from tenants through the courts (5321.12). Therefore, landlords may want to include language in their lease agreements to protect themselves from lease abandonment.
Ending a Lease
Month-to-Month: In Ohio, tenants and landlords can voluntarily end a month-to-month lease agreement by giving the other party 30 days’ notice (5321.17).
Fixed-Term: Ohio tenants may choose to break their fixed-term lease early if the landlord fails to uphold their legal duties as a landlord (5321.04), such as maintaining health and safety codes, making necessary repairs, or providing access to utilities and services. Tenants must first provide their landlord with written notice of the violation, and the landlord must fix the issue within 30 days, or the tenant will have legal standing to break the lease early (5321.07).
Property Abandonment: Ohio doesn’t have any regulations establishing what landlords should do if a tenant leaves abandoned property within the dwelling, but it is illegal for landlords to seize any personal property to recover rent unless the seizure is done through a court order (5321.15).
Renewing a Lease
Required Renewals: Ohio landlords are not required to let tenants renew their leases but cannot refuse renewal as retaliation against a legally protected action by the tenant (5321.02).
Required Notice: For week-to-week leases, landlords who do not wish to renew the agreement must give their tenants seven days’ notice before termination. In the case of a month-to-month lease, the landlord must provide notice 30 days prior to the termination of the lease agreement (5321.17).
Rent Control & Stabilization
Ohio does not have any legally established rent control or stabilization. On the contrary, HB 430 was passed in 2022, banning local municipalities from enacting any rent control or stabilization (5321.19). Specific exclusions exist, such as if the municipality or the rent control owns the housing is used as a voluntary incentive (e.g., tax breaks for affordable housing).
Ohio Lease Agreements FAQ
Does a landlord have to provide a copy of the lease in Ohio?
Yes. Even if the rental agreement is oral, Ohio requires the mandatory written disclosure of certain information, such as the name and address of the property owner or the owner’s agent (5321.18).
What is the grace period for rent in Ohio?
Ohio state laws do not establish a grace period for rent, but landlords can choose to include one in their leases.
Can a landlord refuse to renew a lease in Ohio?
Yes. In Ohio, landlords can refuse to renew a lease unless the refusal is in retaliation against the tenant (5321.02).
Does an Ohio lease need to be notarized?
Can you withhold rent for repairs in Ohio?
Yes. Tenants may withhold rent for repairs if their landlord fails to correct an issue within 30 days of the tenant providing the landlord written notice. The tenant must deposit the rent with the municipal or county court clerk (5321.07.A-B).